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Old 12-16-2011, 12:58 PM   #1
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Default Illinois FOID card required to shoot?

I have searched Google all morning long and i'm either too stupid to see it right in front of me, or i've been searching with the wrong strings.

What i'm interested in is if I would be allowed to take my brother to my range and let him shoot one of my guns under my supervision?

He has a felony for drug possession from several years back and obviously does not have a FOID card.

The only information I can find says you must have a FOID to *OWN* a firearm or to transport one, buy ammo, etc.

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Old 12-16-2011, 01:34 PM   #2
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Regrets, but your brother cannot possess, hold, fondle, shoot, or even have uncontrolled access to a firearm. Not just in Illinois, but in any state.

I have a stepbrother that, due to very bad judgement in his younger days, is a bow hunter. No guns.

Illinois requires an FOID for a resident of the state to POSSESS a firearm (as well as owning) There IS an exception for a minor under instruction from someone that IS an FOID holder. C&P from Illinois State Police website:

The Firearms Services Bureau is responsible for administering the Firearm Owner's Identification Program (FOID) and the Firearm Transfer Inquiry Program (FTIP). The FOID card is required for any resident of Illinois to possess or purchase firearms. During the FOID application process, the applicant’s identification and background information is checked. Individuals with prohibiting factors are disallowed from obtaining a FOID card.

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Old 12-16-2011, 01:39 PM   #3
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To my knowledge, in most cases, convicted felons can not possess firearms or ammunition.
The statute would be under Federal Law, but I don't have it handy.

I see mucho info when Googling *felon in possession of a firearm federal statute*

Good luck.

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Old 12-16-2011, 01:51 PM   #4
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Well, I'm not sure I understand this. I am pretty sure someone who does not have a valid FOID card in Illinois can go shooting with me. Does "possess" mean to have one as your own? Do they mean "possess" as in ownership or to even hold it in your hands? I thought I could take someone shooting with me who does not have a FOID card as long as I don't let him keep the gun or take it home with him or I leave him unattended with my gun. Someone please correct me if I am wrong.


http://www.merriam-webster.com/dictionary/possess


Now, a felony is a whole different ball game.

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Old 12-16-2011, 02:04 PM   #5
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Unfortunately to the OP I believe C3 is right. It is my understanding (just mine no legal advice here) that with his past he is unable to "hold" a firearm in any way shape or form atleast in Illinois.

To WOC, once again it is just tmy understanding however in Illinois without a FOID you are unable to hold a firearm. Next time you go to Bullet Stop check the sign as you are walking through the fence directly in front of you. It states be prepared to show FOID before you enter. Now this could just be their CYA however at gun shows to pick up a firearm you have to show FOID first. Also, when taking my wife to Pine Tree Pistol Club I had to get her FOID before they would let me take her in and shoot under my supervision.

I know it's all speculation, but hopefully it helps. I guess the way I see it is worst case scenario, I mean no offense by this statement however try to read it as an outsider. I wouldn't want to be the firearm owner that knowingly handed a gun over to a "felon" if a police officer happens to stop by.

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Old 12-16-2011, 05:15 PM   #6
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Disclaimer- I am NOT an attorney. (Mom & Dad were married)

Federal law, which applies to all of the US is Title 18, US Code, Section 922. Having been convicted of a felony, you may not possess a firearm. Penalty is typically 5 years in a Federal prison. If convicted of a STATE Felony, SOME states have a process to petition for restoration of firearm rights. There is no process for FEDERAL felonies.

Illinois- link to FAQs from the Illinois State Police website:
Firearm Owner's Frequently Asked Questions

I do not have to own something to possess it. The definition of possession is to have control over. You own a gun. It is locked in a cabinet. If you give me the key, I possess whatever is in that cabinet. If I hold it in my hand, I possess it.

"But officer, that's not my weed! I was just holding it for him!"

"Yeah, but it was in YOUR pocket." Name:  SmileyWhack.gif
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Old 12-16-2011, 05:22 PM   #7
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Quote:
Originally Posted by c3shooter View Post
Disclaimer- I am NOT an attorney. (Mom & Dad were married)

Federal law, which applies to all of the US is Title 18, US Code, Section 922. Having been convicted of a felony, you may not possess a firearm. Penalty is typically 5 years in a Federal prison. If convicted of a STATE Felony, SOME states have a process to petition for restoration of firearm rights. There is no process for FEDERAL felonies.

Illinois- link to FAQs from the Illinois State Police website:
Firearm Owner's Frequently Asked Questions

I do not have to own something to possess it. The definition of possession is to have control over. You own a gun. It is locked in a cabinet. If you give me the key, I possess whatever is in that cabinet. If I hold it in my hand, I possess it.

"But officer, that's not my weed! I was just holding it for him!"

"Yeah, but it was in YOUR pocket." Attachment 36242
LOL - very good explanation actually. The term possess is what threw me off, given that most legalese is written with very anal vocabulary ... but this one is actually as uncomplicated as it seems on the surface...very rare for State & Federal Laws, LMAO

But I appreciate the help...this just serves as a good reason to no be a dumbass and screw up. My brother will never (legally) know the joys of sending 500 rounds down range in an AR-15 or popping off a Desert Eagle .50 all because he was too damned lazy to get a job like the rest of us and chose to peddle some reefer.

*sigh* ... im ashamed that we're related
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Old 12-18-2011, 02:05 AM   #8
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Quote:
Originally Posted by c3shooter
Disclaimer- I am NOT an attorney. (Mom & Dad were married)

Federal law, which applies to all of the US is Title 18, US Code, Section 922. Having been convicted of a felony, you may not possess a firearm. Penalty is typically 5 years in a Federal prison. If convicted of a STATE Felony, SOME states have a process to petition for restoration of firearm rights. There is no process for FEDERAL felonies.

Illinois- link to FAQs from the Illinois State Police website:
Firearm Owner's Frequently Asked Questions

I do not have to own something to possess it. The definition of possession is to have control over. You own a gun. It is locked in a cabinet. If you give me the key, I possess whatever is in that cabinet. If I hold it in my hand, I possess it.

"But officer, that's not my weed! I was just holding it for him!"

"Yeah, but it was in YOUR pocket." <img src="http://www.firearmstalk.com/forums/attachment.php?attachmentid=36242"/>
In case my response posts twice, I apologize. I don't think the last one went through.

I'll summarize my not-posted post:

C3 is correct. In addition to the federal law, every state has its own laws which preclude felons from possessing firearms. The definition is as c3 posted and is the same everywhere.

Those convicted of crimes involving domestic violence also cannot possess a firearm, even if it was a misdemeanor and they can look not only at the conviction itself but also the facts surrounding the conviction to determine whether the conviction involved domestic violence. Even a domestic assault charge which was reduced to a simple assault, theoretically, could preclude someone from possessing a firearm. I believe it's the lautenberg act.

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Old 12-18-2011, 02:52 AM   #9
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TN- thanx for the input- and welcome to the forum. When you get a minute, drop by the intro thread and say hello. Good folks here- sometimes we get a bit goofy, but still good folks. What part of TN?

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Old 12-18-2011, 02:54 AM   #10
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Quote:
Originally Posted by PSYCHOFREAK3 View Post
Unfortunately to the OP I believe C3 is right. It is my understanding (just mine no legal advice here) that with his past he is unable to "hold" a firearm in any way shape or form atleast in Illinois.

To WOC, once again it is just tmy understanding however in Illinois without a FOID you are unable to hold a firearm. Next time you go to Bullet Stop check the sign as you are walking through the fence directly in front of you. It states be prepared to show FOID before you enter. Now this could just be their CYA however at gun shows to pick up a firearm you have to show FOID first. Also, when taking my wife to Pine Tree Pistol Club I had to get her FOID before they would let me take her in and shoot under my supervision.

I know it's all speculation, but hopefully it helps. I guess the way I see it is worst case scenario, I mean no offense by this statement however try to read it as an outsider. I wouldn't want to be the firearm owner that knowingly handed a gun over to a "felon" if a police officer happens to stop by.
Okay. Good to know. I have taken my oldest son shooting but he does have a FOID card. I've been wanting to take a friend shooting but he does NOT have a FOID card, though I do believe he has applied for it.
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